Morning journal and courier. [volume] (New Haven [Conn.]) 1848-1894, 1887-11-17
THE WHEELER CASE.

The Proceedings AT Hartford Yester-
day-The state Rests-The Case Adj
jOurned To November 31st.
The E. S. Wheeler case was resumed be-
fore Judge Henney at the Hartford Police
court yesterday morning Only few per-
sons were present, mostly banking men. Mr..
Wheeler sat beside his counsel and appeared
like an Indifferent spectator. General Mer-
win, the trustee, was not present yesterday,
his presence not being required.
President F. S. Bradley of the Yale Ma
tional bank of New Haven testified that his
bank discounted a Wicks company note
August 10 for $3,641.11. 1t was payable to
E. S. Wheeler & Co. It has mover been
paid. When Wheeler brought the note to
us he said the firm had been improved by
new capital and that the note was good.
Mr.. Bradley was not cross-examined.
Mr. Perkins declined to cross examine be-
cause of his general objection to this class OF
evidence as inadmissible.
Henry w LatimY of Baltimore, lawyer
there for seven years, testified as to the in
solvency law in Maryland. The law refers
only to individuals and partn ershlps, not to
corporations. The usual proceeding against
the corporation is by bill in equity by one
of the creditors. conducted the proceed
in9s against the ]. L. Wicks company which
wound them up.
Mr.. Parker-"Have you claims to a large
amount against the W1ckS company IN your
hands for collections"
Mr. Perkins objected to this and it was
then shown that the said claims were stated
in the record of the Probate court of Balt1-
more, and the question was then allowed:
Mr.. Latimy then said he represented in
those proceedings several New Haven banks
c-II VI IL 000 opfe
So, 600, National Tradesmens 5000, First
National $4,000, City $4,000: Mechanics
Sc, 900, making total of $40, 600.
Mr.. Parker sought to show by witness what
the books of the Wicks company show with
reference to the issue of the stock of that
company, but Mr.. Perkins objected. Judge
Henney admitted the enquiry.
Mr.. Latimy said: The stock book of the
James L. Wicks company shows that the
first six issues were of one share each to sl1
parties named in the record in evidence. The
next..issue was of 1914 shares to James L. Wickl
and is cancelled. In lieu of that there were 81
shares issued to D. L. Monroe and 944 t.
1 James L. Wicks. The final issue was S64
shares to E. S. Wheeler and sixty shares t.
James L. Wicks. The only certificate re-
moved from the book was that to Wheeler
| The only minutes of the organization of tn
| company were on slips of paper. The first slil
| showed Wicks as president. Another slip wa
1 an OHoE OIL w 4Gk5 4OE OO9 SAdICS VI L4c AAOf
| company, in payment of which he Offered
| all the assets of James L. Wicks & Co. Tn
/ statement showed none of the liabilities o
l the latter concern. The next was writer
| acceptance OF this offer by the new company
l Nothing in the records of the organization o
Il the James L. Wicks company shows that an.
money was paid in.
Cross-examination-O of the allegation
made in the petition of insolvency agains
Wicks was that he had been drunk for
week. There was nothing shown me in tn
papers that any money had been paid int
| the new concern. A mortgage covering tn
/ assets of James L. Wicks & Co. was made +
/ Meehan, an agent of Wheeler's, after tn
Il Wheeler failure, the validity Of which mort
gage will be contested.
1 Mr. J. G. Bradley, cashier Merchants Ma
/ tional bank of New Haven, discounted not
| for Wheeler and we now have j. l.. Wick
note as collateral therefor. The date of thi
note is July 26, 's7, and the amount ST.
\ 912.33, three months after date. 1t ha
never been paid: The Wheeler note ha
never been paid either, though deman
note.
Mr.. Cole offered large amount of corrS
spondence between Wheeler and Meehan c
Baltimore, to show that Meehan was the ger
eral agent of Wheeler, but it was excluded
Bookkeeper Bird was recalled and testifie
from the ledger No. of Wheeler that Kraf
1
of S194, 103. so. In the past two years n
merchandise was charged to that firm. Tn
dealings between Wheeler and this firm wer
not accommodation paper, but bills receiv
| able F. c. Davenport has credit balene
| $40, 607.4 made up of bills receivable most
ly The "bills receivable is here to day
| aud can show where the $50, 020.57 credi
balance to J. L. Wioks & Co. are. He the
read the list in detail of holders of outstand
| ing notes made by that concern.
At this point the State rested at lids.
Mr.. Perkins said the defence would offe
no evidence and claimed the State had n.
made out a case, but as considerable evi
i dence had been admitted which had nc
been contemplated time was required to loo
| up points bearing on this, and counsel ha
| agreed upon adjournment The case wa
| then adjourned until November 81 at 1
a. m under the same bonds.
The Wheeler books are to be sent back 8
| once to General Merwin, who says he need
| them constantly as trustee.
The testimony, exceptions and ruling
are to be transcribed by Stenographer Walls
| in time for the court and counsel to us
| them by the day the arguments are made.
| Mr.. Anderson, the accountant, was nc
I called nv the State.